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KIZZIAR v. DOLLAR

No. 5987.

268 F.2d 914 (1959)

O. Q. KIZZIAR and Mildred Kizziar, his wife, Appellants, v. B. L. DOLLAR, an individual doing business as B. L. Dollar Construction Company, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 20, 1959.

Attorney(s) appearing for the Case

C. E. Hall, Oklahoma City, Okl. (E. E. Gore and W. T. Gore, Altus, Okl., on the brief), for appellants.

Robert B. Harbison, Altus, Okl. (Ross Rutherford and Harbison & Whiteside, Altus, Okl., on the brief), for appellee.

Before MURRAH, PICKETT and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

On November 12, 1956 the plaintiff and the defendant, O. Q. Kizziar, entered into a written contract whereby the plaintiff agreed to construct a building on property owned by the defendant and his wife for an agreed price of $20,000. This action was brought to recover the full amount due on that contract and the additional sum of $2,863.50 alleged to be due on a subsequent oral contract for an enlargement of the building as originally planned...

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